ORDER
1.Petitioner has sought for quashing of the proceedings in Crl.Misc.No.4/2010 pending on the file of the JMFC, Mysore and order dated 12.3.2010.
2.Respondent is wife of the petitioner. She has filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act") interalia alleging the domestic violence and seeking relief of monetary benefit, protection and other reliefs.
3.The learned Magistrate considering the nature of allegation in the application has ordered issue of summons and has also passed the order for monetary benefit to the respondent. At this stage, this petition has been filed for quashing of the entire proceedings.
4.Sri Gunjal, learned counsel appearing for the petitioner submits that, the learned Magistrate has no jurisdiction to
entertain an application under Section 12 of the Act. on the ground that, the said application is not accompanied by the report of the Protection Officer. If is mandatory under Section 12 r/w Rule 5 of the rides framed therein. He further submitted that, the proceedings under Section 12 of the Act is nothing but abuse of process of the Court and submitted that, earlier the respondent had filed a petition for jurisdictional suppression on the same allegation and subsequently she has also filed an application under Section 125 of the Cr.P.C. for maintenance. Despite that, she has now filed Miscellaneous Proceedings before the Magistrate Court. He further submitted that, Magistrate Court has no jurisdiction, as the respondent wife has shown her address at Mysore only in the cause title, but has not explained as to whether she is residing at Mysore or not.
5.Section 12 of the Act confers power on the aggrieved party or Protection Officer or any person to initiate proceedings under Section 12 of the Act. Proviso to Section 12 of the Act. requires that the Magistrate at the time of passing of the order, he may consider the report. There is no requirement for the aggrieved party to file a report of the Protection Officer along with application under Section 12 of the Act. Rule 5 relates to submission of the report by the Protection Officer, in case if he has received any complaint from any person about the domestic violence suffered by a woman. Rules 4, 5 and 6 relates to the submission of report by the Protection Officer and not by the aggrieved party.
6.Section 12 enables any person or aggrieved person or Protection Officer. 11 the Protection Officer is required to tile a petition, he would file the said petition under Section 12 r/w Rule 6 of the Rule. However, if the woman herself files an application under Section 12 of the Act, filing of any report along with the application under the provisions of the Act is not required. As far as jurisdiction of the Court is concerned, complainant has specifically mentioned her address at Mysore. In these circumstances, I do not find any error in initiation of the proceedings before the learned Magistrate.
Accordingly, petition tails and same is dismissed. The learned Magistrate shall not get influence by the observation made during the course of this order while deciding the ease on merit.